Mdluli, Breytenbach to appear in court

Suspended policeman Richard Mdluli and his former prosecutor Glynnis Breytenbach will appear in court.

Suspended NPA prosecutor Glynnis Breytenbach walks out of the NPA offices in Silverton on 19 June 2012. Picture: Mandy Wiener/EWN

JOHANNESBURG - Both suspended policeman Richard Mdluli and his former prosecutor Glynnis Breytenbach will feature in the Johannesburg Labour Court in Braamfontein on Monday, as they challenge their suspensions.

Judgment is due to be handed down in Mdluli's application, while Breytenbach will argue her case against the National Prosecuting Authority (NPA).

The prosecutor was suspended in May, allegedly because of her handling of a mining rights case. But she insists it was to stop her prosecuting Mdluli.

Judge Andre van Niekerk is scheduled to hand down his judgement at 10AM in the Mdluli case.

He has had to consider whether he believes Mdluli claims he never received a notice of intention to suspend him from his police bosses.

Van Niekerk will also have to consider whether Mdluli's application is merely academic because of a High Cout order which is already in place.

The former crime intelligence head was suspended in May by the then acting police commissioner Nhlanhla Mkhwanazi, after allegations from a court inquest emerged.

Mdluli is being investigated for corruption and fraud relating to the misuse of funds belonging to the Crime Intelligence Unit.

He is also accused of hiring and promoting relatives.

Mdluli is further suspected of being involved in the decade-old murder of Oupa Ramogibe, his former lover's boyfriend.

The former top cop was first suspended in 2011, pending the outcome of investigations into the same allegations.

All charges were withdrawn in March and Mdluli was reinstated as head of crime intelligence.

But in May, Police Minister Nathi Mthethwa announced that Mdluli would be given a position in the office of the deputy national police commissioner for operations.

Earlier this month, the North Gauteng High court ruled that Mdluli could not carry out any duties as a police officer.

The application was filed by rights organisation Freedom Under Law (FUL).

In his judgement, Judge Ephraim Makgoba said there was reasonable concern the rule of law would continue to be violated if Mdluli stayed in his job.

BREYTENBACH VS NPA

Meanwhile, Breytenbach, who was suspended as head of the Pretoria specialised Commercial Crimes Unit, will argue that she was suspended to prevent her from prosecuting Mdluli.

According to her charge sheet, the prosecutor will have to respond to a total of 15 allegations ranging from gross negligence to improper conduct and gross insubordination.

The majority of those charges related to her handling of the Kumba Iron Ore vs the politically-connected Imperial Crown Trading mining rights case.

In its court papers, the NPA launched a scathing attack on her, accusing her of blatantly interfering in the investigation into the allegations against her and of making a mockery of the principles of independence, impartiality and fairness.